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Section 5, Which Authorizes the Summoning of the _posse Comitatus_. When

American Politics (non-Partisan) From the Beginning to Date · Thomas V. Cooper — chapter 8 of 29 · ~5,388 words · public domain

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a warrant of return is made either on jury trial or confession of the party in the presence of counsel, having been warned of his rights, the fugitive is to be surrendered to the claimant, or the marshal where necessary, who shall remove him to the boundary line of the district, and there deliver him to the claimant. The bill was not further considered.

In House, 1861, December 20—Mr. Julian offered this resolution:

Resolved, That the Judiciary Committee be instructed to report a bill, so amending the fugitive slave law enacted in 1850 as to forbid the recapture or return of any fugitive from labor without satisfactory proof first made that the claimant of such fugitive is loyal to the Government.

Mr. Holman moved to table the resolution, which was disagreed to—yeas 39, nays 78, as follows:

YEAS—Messrs. Ancona, Joseph Baily, Biddle, George H. Browne, Cobb, Cooper, Cox, Cravens, Crittenden, Dunlap, English, Fouke, Grider, Harding, Holman, Johnson, Law, Lazear, Leary, Lehman, Mallory, Morris, Noble, Noell, Norton, Nugen, Odell, Pendleton, Robinson, Shiel, John B. Steele, William G. Steele, Vallandigham, Wadsworth, Webster, Chilton A. White, Wickliffe, Woodruff, Wright—39.

NAYS—Messrs. Aldrich, Alley, Arnold, Babbitt, Baker, Baxter, Beaman, Bingham, Francis P. Blair, Samuel S. Blair, Blake, Buffinton, Burnham, Chamberlain, Clark, Colfax, Frederick A. Conkling, Roscoe Conkling, Cutler, Davis, Dawes, Delano, Duell, Edwards, Eliot, Fessenden, Franchot, Frank, Gooch, Goodwin, Gurley, Hale, Hanchett, Harrison, Hooper, Hutchins, Julian, William Kellogg, Lansing, Loomis, Lovejoy, McKnight, McPherson, Marston, Mitchell, Moorhead, Anson P. Morrill, Justin S. Morrill, Olin, Patton, Pike, Pomeroy, Porter, John H. Rice, Riddle, Edward H. Rollins, Sargent, Sedgwick, Shanks. Shellabarger, Sherman, Sloan, Spaulding, Stevens, Benjamin F. Thomas, Train, Vandever, Wall, Wallace, Walton, Washburne, Wheeler, Whaley, Albert S. White, Wilson, Windom, Worcester—78.

The resolution was then adopted—yeas 78, nays 39.

1862, June 9—Mr. Julian, of Indiana, introduced into the House a resolution instructing the Judiciary Committee to report a bill for the purpose of repealing the fugitive slave law; which was tabled—yeas 66, nays 51, as follows:

YEAS—Messrs. William J. Allen, Ancona, Baily, Biddle, Francis P. Blair, Jacob B. Blair, George H. Browne, William G. Brown, Burnham, Calvert, Casey, Clements, Cobb, Corning, Crittenden, Delano, Diven, Granger, Grider, Haight, Hale, Harding, Holman, Johnson, William Kellogg, Kerrigan, Knapp, Lazear, Low, Maynard, Menzies, Moorhead, Morris, Noble, Noell, Norton, Odell, Pendleton, John S. Phelps, Timothy G. Phelps, Porter, Richardson, Robinson, James S. Rollins, Sargent, Segar, Sheffield, Shiel, Smith, John B. Steele, William G. Steele, Benjamin F. Thomas, Francis Thomas, Trimble, Vallandigham, Verree, Vibbard, Voorhees, Wadsworth, Webster, Chilton A. White, Wickliffe, Wood, Woodruff, Worcester, Wright—66.

NAYS—Messrs. Aldrich, Alley, Baker, Baxter, Beaman, Bingham, Blake, Buffinton, Chamberlain, Colfax, Frederick A. Conkling, Davis, Dawes, Edgerton, Edwards, Eliot, Ely, Franchot, Gooch, Goodwin, Hanchett, Hutchins, Julian, Kelley, Francis W. Kellogg, Lansing, Lovejoy, McKnight, McPherson, Mitchell, Anson P. Morrill, Pike, Pomeroy, Potter, Alexander H. Rice, John H. Rice, Riddle, Edward H. Rollins, Shellabarger, Sloan, Spaulding, Stevens, Train, Trowbridge, Van Horn, Van Valkenburgh, Wall, Wallace, Washburne, Albert S. White, Windom—51.

Same day—Mr. Colfax, of Indiana, offered this resolution:

Resolved, That the Committee on the Judiciary be instructed to report a bill modifying the fugitive slave law so as to require a jury trial in all cases where the person claimed denies under oath that he is a slave, and also requiring any claimant under such act to prove that he has been loyal to the Government during the present rebellion.

Which was agreed to—yeas 77, nays 43, as follows:

YEAS—Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, Baker, Baxter, Beaman, Bingham, Francis P. Blair, Blake, Buffinton, Burnham, Chamberlain, Colfax, Frederick A. Conkling, Davis, Dawes, Delano, Diven, Edgerton, Edwards, Eliot, Ely, Franchot, Gooch, Goodwin, Granger, Gurley, Haight, Hale, Hanchett, Hutchins, Julian, Kelley, Francis W. Kellogg, William Kellogg, Lansing, Loomis, Lovejoy, Lowe, McKnight, McPherson, Mitchell, Anson P. Morrill, Justin S. Morrill, Nixon, Timothy G. Phelps, Pike, Pomeroy, Porter, Potter, Alexander H. Rice, John H. Rice, Riddle, Edward H. Rollins, Sargent, Shanks, Sheffield, Shellabarger, Sloan, Spaulding, Stevens, Stratton, Benjamin F. Thomas, Train, Trimble, Trowbridge, Van Valkenburgh, Verree, Wall, Wallace, Washburne, Albert, S. White, Wilson, Windom, Worcester—77.

NAYS—Messrs. William J. Allen, Ancona, Baily, Biddle, Jacob B. Blair, William G. Brown, Calvert, Casey, Clements, Cobb, Corning, Crittenden, Fouke, Grider, Harding, Holman, Johnson, Knapp, Maynard, Menzies, Noble, Noell, Norton, Pendleton, John S. Phelps, Richardson, Robinson, James S. Rollins, Segar, Shiel, Smith, John B. Steele, William G. Steele, Francis Thomas, Vallandigham, Vibbard, Voorhees, Wadsworth, Webster, Chilton A. White, Wickliffe, Wood, Wright—43.

Third Session, Thirty-Seventh Congress.

In Senate, 1863, February 11—Mr. Ten Eyck, from the Committee on the Judiciary, to whom was referred a bill, introduced by Senator Howe, in second session, December 26, 1861, to repeal the fugitive slave act of 1850, reported it back without amendment, and with a recommendation that it do not pass.

First Session, Thirty-Eighth Congress.

In House, 1863, Dec. 14.—Mr. Julian, of Indiana, offered this resolution:

Resolved, That the Committee on the Judiciary be instructed to report a bill for a repeal of the third and fourth sections of the “act respecting fugitives from justice and persons escaping from the service of their masters,” approved February 12, 1793, and the act to amend and supplementary to the aforesaid act, approved September 18, 1850.

Mr. Holman moved that the resolution lie upon the table, which was agreed to—yeas 81, nays 73, as follows:

YEAS—Messrs. James C. Allen, William J. Allen, Ancona, Anderson, Baily, Augustus C. Baldwin, Jacob B. Blair, Bliss, Brooks, James S. Brown, William G. Browne, Clay, Cobb, Coffroth, Cox, Cravens, Creswell, Dawson, Demming, Denison, Eden, Edgerton, Eldridge, English, Finck, Ganson, Grider, Griswold, Hall, Harding, Harrington, Benjamin G. Harris, Charles M. Harris, Higby, Holman, Hutchins, William Johnson, Kernan, King, Knapp, Law, Lazear, Le Blond, Long, Mallory, Marcy, Marvin, McBride, McDowell, McKinney, William H. Miller, James R. Morris, Morrison, Nelson, Noble, Odell, John O’Neil, Pendleton, William H. Randall, Robinson, Rogers, James S. Rollins, Ross, Scott, Smith, Smithers, Stebbins, John B. Steele, Stuart, Sweat, Thomas, Voorhees, Wadsworth, Ward, Wheeler, Chilton A. White, Joseph W. White, Williams, Winfield, Fernando Wood, Yeaman—81.

NAYS—Messrs. Alley, Allison, Ames, Arnold, Ashley, John D. Baldwin, Baxter, Beaman, Blaine, Blow, Boutwell, Boyd, Brandegee, Broomall, Ambrose W. Clark, Freeman Clark, Cole, Henry Winter Davis, Dawes, Dixon, Donnelly, Driggs, Dumont, Eckley, Eliot, Farnsworth, Fenton, Frank, Garfield, Gooch, Grinnell, Hooper, Hotchkiss, Asahel W. Hubbard, John H. Hubbard, Hulburd, Jenckes, Julian, Francis W. Kellogg, Orlando Kellogg, Loan, Longyear, Lovejoy, McClurg, McIndoe, Samuel F. Miller, Moorhead, Morrill, Amos Myers, Leonard Myers, Norton, Charles O’Neill, Orth, Patterson, Pike, Pomeroy, Price, Alexander H. Rice, John H. Rice, Edward H. Rollins, Schenck, Scofield, Shannon, Spalding, Thayer, Van Valkenburgh, Elihu B. Washburne, William B. Washburn, Whaley, Wilder, Wilson, Windom, Woodbidge—73.

1864, June 6, Mr. Hubbard, of Connecticut, offered this resolution:

Resolved, That the Committee on the Judiciary be instructed to report to this House a bill for the repeal of all acts and parts of acts which provide for the rendition of fugitive slaves, and that they have leave to make such report at any time.

Which went over under the rule. May 30, he had made an ineffectual effort to offer it, Mr. Holman objecting.

REPEALING BILLS.

1864, April 19, the Senate considered the bill to repeal all acts for the rendition of fugitives from service or labor. The bill was taken up—yeas 26, nays 10.

Mr. Sherman moved to amend by inserting these words at the end of the bill:

Except the act approved February 12, 1793, entitled “An act respecting fugitives from justice, and persons escaping from the service of their masters.”

Which was agreed to—yeas 24, nays 17, as follows:

YEAS—Messrs. Buckalew, Carlile, Collamer, Cowan, Davis, Dixon, Doolittle, Foster, Harris, Henderson, Hendricks, Howe, Johnson, Lane of Indiana, McDougall, Nesmith, Powell, Riddle, Saulsbury, Sherman, Ten Eyck, Trumbull, Van Winkle, Willey—24.

NAYS—Messrs. Anthony, Brown, Clark, Conness, Fessenden, Grimes, Hale, Howard, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sprague, Sumner, Wilkinson, Wilson—17.

Mr. Saulsbury moved to add these sections:

And be it further enacted, That no white inhabitant of the United States shall be arrested, or imprisoned, or held to answer for a capital or otherwise infamous crime, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger, without due process of law.

And be it further enacted, That no person engaged in the executive, legislative, or judicial departments of the Government of the United States, or holding any office or trust recognized in the Constitution of the United States, and no person in military or naval service of the United States, shall, without due process of law, arrest or imprison any white inhabitant of the United States who is not, or has not been, or shall not at the time of such arrest or imprisonment be, engaged in levying war against the United States, or in adhering to the enemies of the United States, giving them aid and comfort, nor aid, abet, procure or advise the same, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger. And any person as aforesaid so arresting, or imprisoning, or holding, as aforesaid, as in this and the second section of this act mentioned, or aiding, abetting, or procuring, or advising the same, shall be deemed guilty of felony, and, upon conviction thereof in any court of competent jurisdiction, shall be imprisoned for a term of not less than one nor more than five years, shall pay a fine of not less than $1,000 nor more than $5000, and shall be forever incapable of holding any office or public trust under the Government of the United States.

Mr. HALE moved to strike out the word “white” wherever it occurs; which was agreed to.

The amendment of Mr. SAULSBURY, as amended, was then disagreed to—yeas 9, nays 27, as follows:

YEAS—Messrs. Buckalew, Carlile, Cowan, Davis, Hendricks, McDougall, Powell, Riddle, Saulsbury—9.

NAYS—Messrs. Anthony, Clark, Collamer, Conness, Doolittle, Fessenden, Foster, Grimes, Hale, Harris, Howard, Howe, Lane of Indiana, Lane, of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sherman, Sprague, Sumner, Ten Eyck, Trumbull, Van Winkle, Wilkinson, Willey, Wilson—27.

Mr. CONNESS moved to table the bill; which was disagreed to—yeas 9, (Messrs. Buckalew, Carlile, Conness, Davis, Hendricks, Nesmith, Powell, Riddle, Saulsbury,) nays 31.

It was not again acted upon.

1864, June 13—The House passed this bill, introduced by Mr. SPALDING, of Ohio, and reported from the Committee on the Judiciary by Mr. MORRIS, of New York, as follows:

Be it enacted, etc., that sections three and four of an act entitled “An act respecting fugitives from justice and persons escaping from the service of their masters,” passed February 12, 1793, and an Act entitled “An act to amend, and supplementary to, the act entitled ‘An act respecting fugitives from justice, and persons escaping from their masters,’ passed February 12, 1793,” passed September 18, 1850, be, and the same are hereby, repealed.

Yeas 86, nays 60, as follows:

YEAS—Messrs. Alley, Allison, Ames, Arnold, Ashley, John D. Baldwin, Baxter, Beaman, Blaine, Blair, Blow, Boutwell, Boyd, Brandegee, Broomall, Ambrose W. Clarke, Freeman Clark, Cobb, Cole, Creswell, Henry Winter Davis, Thomas T. Daavis, Dawes, Dixon, Donnelly, Driggs, Eckley, Eliot, Farnsworth, Fenton, Frank, Garfield, Gooch, Griswold, Higby, Hooper, Hotchkiss, Asahel W. Hubbard, John K. Hubbard, Hulburd, Ingersoll, Jenckes, Julian, Kelley, Francis W. Kellogg, O. Kellogg, Littlejohn, Loan, Longyear, Marvin, McClurg, McIndoe, Samuel F. Miller, Moorhead, Morrill, Daniel Morris, Amos Myers, Leonard Myers, Norton, Charles O’Neill, Orth, Patterson, Perham, Pike, Price, Alexander H. Rice, John H. Rice, Schenck, Scofield, Shannon, Sloan, Spalding, Starr, Stevens, Thayer, Thomas, Tracy, Upson, Van Valkenburgh, Webster, Whaley, Williams, Wilder, Wilson, Windom, Woodbridge—86.

NAYS—Messrs. James C. Allen, William J. Allen, Ancona, Augustus C. Baldwin, Bliss, Brooks, James S. Brown, Chanler, Coffroth, Cox, Cravens, Dawson, Denison, Eden, Edgerton, Eldridge, English, Finck, Ganson, Grider, Harding, Harrington, Charles M. Harris, Herrick, Holman, Hutchins, Kalbfleisch, Kernan, King, Knapp, Law, Lazear, Le Blond, Mallory, Marcy, McDowell, McKinney, Wm. H. Miller, James R. Morris, Morrison, Odell, Pendleton, Pruyn, Radford, Robinson, Jas. S. Rollins, Ross, Smithers, John B. Steele, Wm. G. Steele, Stiles, Strouse, Stuart, Sweat, Wadsworth, Ward, Wheeler, Chilton A. White, Joseph W. White, Fernando Wood—60.

June 22—This bill was taken up in the Senate, when Mr. SAULSBURY moved this substitute:

That no person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due; and Congress shall pass all necessary and proper laws for the rendition of all such persons who shall so, as aforesaid, escape.

Which was rejected—yeas 9, nays 29, as follows:

YEAS—Messrs. Buckalew, Carlile, Cowan, Davis, McDougall, Powell, Richardson, Riddle, Saulsbury—9.

NAYS—Messrs. Anthony, Brown, Chandler, Clark, Conness, Dixon, Foot, Grimes, Hale, Harlan, Harris, Hicks, Howard, Howe, Johnson, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sprague, Sumner, Ten Eyck, Trumbull, Van Winkle, Wade, Willey—29.

Mr. JOHNSON, of Maryland, moved an amendment to substitute a clause repealing the act of 1850; which was rejected—yeas 17, nays 22, as follows:

YEAS—Messrs. Buckalew, Carlile, Cowan, Davis, Harris, Hicks, Johnson, Lane of Indiana, McDougall, Powell, Richardson, Riddle, Saulsbury, Ten Eyck, Trumbull, Van Winkle, Willey—17.

NAYS—Messrs. Anthony, Brown, Chandler, Clark, Conness, Dixon, Fessenden, Foot, Grimes, Hale, Harlan, Howard, Howe, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sprague, Sumner, Wade, Wilson—22.

The bill then passed—yeas 27, nays 12, as follows:

YEAS—Messrs. Anthony, Brown, Chandler, Clark, Conness, Dixon, Fessenden, Foot, Grimes, Hale, Harlan, Harris, Hicks, Howard, Howe, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sprague, Sumner, Ten Eyck, Trumbull, Wade, Wilson—27.

NAYS—Messrs. Buckalew, Carlile, Cowan, Davis, Johnson, McDougall, Powell, Richardson, Riddle, Saulsbury, Van Winkle, Willey—12.

ABRAHAM LINCOLN, President, approved it, June 28, 1864.

Seward as Secretary of State.

Wm. H. Seward was a master in diplomacy and Statecraft, and to his skill the Unionists were indebted for all avoidance of serious foreign complications while the war was going on. The most notable case coming under his supervision was that of the capture of Mason and Slidell, by Commodore Wilkes, who, on the 8th of November, 1861, had intercepted the Trent with San Jacinto. The prisoners were Confederate agents on their way to St. James and St. Cloud. Both had been prominent Senators, early secessionists, and the popular impulse of the North was to hold and punish them. Both Lincoln and Seward wisely resisted the passions of the hour, and when Great Britain demanded their release under the treaty of Ghent, wherein the right of future search of vessels was disavowed, Seward yielded, and referring to the terms of the treaty, said:

“If I decide this case in favor of my own Government, I must disavow its most cherished principles, and reverse and forever abandon its essential policy. The country cannot afford the sacrifice. If I maintain those principles and adhere to that policy, I must surrender the case itself.”

The North, with high confidence in their President and Cabinet, readily conceded the wisdom of the argument, especially as it was clinched in the newspapers of the day by one of Lincoln’s homely remarks: “One war at a time.” A war with Great Britain was thus happily avoided.

With the incidents of the war, however, save as they affected politics and politicians, this work has little to do, and we therefore pass the suspension of the writ of habeas corpus, which suspension was employed in breaking up the Maryland Legislature and other bodies when they contemplated secession, and it facilitated the arrest and punishment of men throughout the North who were suspected of giving “aid and comfort to the enemy.” The alleged arbitrary character of these arrests caused much complaint from Democratic Senators and Representatives, but the right was fully enforced in the face of every form of protest until the war closed. The most prominent arrest was that of Clement L. Vallandigham, member of Congress from Ohio, who was sent into the Southern lines. From thence he went to Canada, and when a candidate for Governor in Ohio, was defeated by over 100,000 majority.

Financial Legislation—Internal Taxes.

The Financial legislation during the war was as follows:

1860, December 17—Authorized an issue of $10,000,000 in TREASURY NOTES, to be redeemed after the expiration of one year from the date of issue, and bearing such a rate of interest as may be offered by the lowest bidders. Authority was given to issue these notes in payment of warrants in favor of public creditors at their par value, bearing six per cent. interest per annum.

1861, February 8—Authorized a LOAN of $25,000,000, bearing interest at a rate not exceeding six per cent. per annum, and reimbursable within a period not beyond twenty years nor less than ten years. This loan was made for the payment of the current expenses, and was to be awarded to the most favorable bidders.

March 2—Authorized a LOAN of $10,000,000, bearing interest at a rate not exceeding six per cent. per annum, and reimbursable after the expiration of ten years from July 1, 1861. In case proposals for the loan were not acceptable, authority was given to issue the whole amount in TREASURY NOTES, bearing interest at a rate not exceeding six per cent. per annum. Authority was also given to substitute TREASURE NOTES for the whole or any part of the loans for which the Secretary was by law authorized to contract and issue bonds, at the time of the passage of this act, and such treasury notes were to be made receivable in payment of all public dues, and redeemable at any time within two years from March 2, 1861.

March 2—Authorized an issue, should the Secretary of the Treasury deem it expedient, of $2,800,000 in coupon BONDS, bearing interest at the rate of six per cent. per annum, and redeemable in twenty years, for the payment of expenses incurred by the Territories of Washington and Oregon in the suppression of Indian hostilities during the year 1855–’56.

July 17—Authorized a loan of $250,000,000, for which could be issued BONDS bearing interest at a rate not exceeding 7 per cent. per annum, irredeemable for twenty years, and after that redeemable at the pleasure of the United States.

TREASURY NOTES bearing interest at the rate of 7.30 per cent. per annum, payable three years after date; and

United States NOTES without interest, payable on demand, to the extent of $50,000,000. (Increased by act of February 12, 1862, to $60,000,000.)

The bonds and treasury NOTES to be issued in such proportions of each as the Secretary may deem advisable.

August 5—Authorized an issue of BONDS bearing 6 per cent. interest per annum, and payable at the pleasure of the United States after twenty years from date, which may be issued in exchange for 7.30 treasury notes; but no such bonds to be issued for a less sum than $500, and the whole amount of such bonds not to exceed the whole amount of 7.30 treasury notes issued.

February 6, 1862—Making $50,000,000 of notes, of denominations less than $5, a legal tender, as recommended by Secretary Chase, was passed January 17, 1862. In the House it received the votes of the Republicans generally, and 38 Democrats. In the Senate it had 30 votes for to 1 against, that of Senator Powell.

1862, February 25—Authorized the issue of $15,000,000 in legal tender United States NOTES, $50,000,000 of which to be in lieu of demand notes issued under act of July 17, 1861, $500,000,000 in 6 per cent. bonds, redeemable after five years, and payable twenty years from date, which may be exchanged for United States notes, and a temporary loan of $25,000,000 in United States notes for not less than thirty days, payable after ten days’ notice at 5 per cent. interest per annum.

March 17—Authorized an increase of TEMPORARY LOANS of $25,000,000, bearing interest at a rate not exceeding 5 per cent. per annum.

July 11—Authorized a further increase of TEMPORARY LOANS of $50,000,000, making the whole amount authorized $100,000,000.

March 1—Authorized an issue of CERTIFICATES OF INDEBTEDNESS, payable one year from date, in settlement of audited claims against the Government. Interest 6 per cent. per annum, payable in gold on those issued prior to March 4, 1863, and in lawful currency on those issued on and after that date. Amount of issue not specified.

1862, July 11—Authorized an additional issue of $150,000,000 legal tender NOTES, $35,000,000 of which might be in denominations less than five dollars. Fifty million dollars of this issue to be reserved to pay temporary loans promptly in case of emergency.

July 17—Authorized an issue of NOTES of the fractional part of one dollar, receivable in payment of all dues, except customs, less than five dollars. Amount of issue not specified.

1863, January 17—Authorized the issue of $100,000,000 in United States NOTES for the immediate payment of the army and navy; such notes to be a part of the amount provided for in any bill that may hereafter be passed by this Congress. The amount in this resolution is included in act of March 3, 1863.

March 3—Authorized a LOAN of $300,000,000 for this and $600,000,000 for next fiscal year, for which could be issued bonds running not less than ten nor more than forty years, principal and interest payable in coin, bearing interest at a rate not exceeding 6 per cent. per annum, payable on bonds not exceeding $100, annually, and on all others semi-annually. And TREASURY NOTES (to the amount of $400,000,000) not exceeding three years to run, with interest not over 6 per cent. per annum, principal and interest payable in lawful money, which may be made a legal tender for their face value, excluding interest, or convertible into United States notes. And a further issue of $150,000,000 in United States NOTES for the purpose of converting the Treasury notes which may be issued under this act, and for no other purpose. And a further issue, if necessary, for the payment of the army and navy, and other creditors of the Government, of $150,000,000 in United States NOTES, which amount includes the $100,000,000 authorized by the joint resolution of Congress, January 17, 1863. The whole amount of bonds, treasury notes, and United States notes issued under this act not to exceed the sum of $900,000,000.

March 3—Authorized to issue not exceeding $50,000,000 in FRACTIONAL CURRENCY, (in lieu of postage or other stamps,) exchangeable for United States notes in sums not less than three dollars, and receivable for any dues to the United States less than five dollars, except duties on imports. The whole amount issued, including postage and other stamps issued as currency, not to exceed $50,000,000. Authority was given to prepare it in the Treasury Department, under the supervision of the Secretary.

1864, March 3—Authorized, in lieu of so much of the loan of March 3, 1863, a LOAN of $200,000,000 for the current fiscal year, for which may be issued bonds redeemable after five and within forty years, principal and interest payable in coin, bearing interest at a rate not exceeding 6 per cent. per annum, payable annually on bonds not over $100, and on all others semi-annually. These bonds to be exempt from taxation by or under State or municipal authority.

1864, June 30—Authorized a LOAN of $400,000,000, for which may be issued bonds, redeemable after five nor more than thirty years, or if deemed expedient, made payable at any period not more than forty years from date—interest not exceeding six per cent. semi-annually, in coin.

Pending the loan bill of June 22, 1862, before the House in Committee of the Whole, and the question being on the first section, authorizing a loan of $400,000,000, closing with this clause:

And all bonds, Treasury notes, and other obligations of the United States shall be exempt from taxation by or under state or municipal authority.

There was a sharp political controversy on this question, but the House finally agreed to it by 77 to 71. Party lines were not then distinctly drawn on financial issues.

INTERNAL TAXES.

The system of internal revenue taxes imposed during the war did not evenly divide parties until near its close, when Democrats were generally arrayed against these taxes. They cannot, from the record, be correctly classed as political issues, yet their adoption and the feelings since engendered by them, makes a brief summary of the record essential.

First Session, Thirty-Seventh Congress.

The bill to provide increased revenue from imports, &c., passed the House August 2, 1861—yeas 89, nays 39.

Same day, it passed the Senate—yeas 34, nays 8, (Messrs. Breckinridge, Bright, Johnson, of Missouri, Kennedy, Latham, Polk, Powell, Saulsbury.)

Second Session, Thirty-Seventh Congress.

The Internal Revenue Act of 1862.

1862, April 8—The House passed the bill to provide internal revenue, support the Government, and pay interest on the public debt—yeas 126, nays 15. The NAYS were:

Messrs. William Allen, George H. Browne, Buffinton, Cox, Kerrigan, Knapp, Law, Norton, Pendleton, Richardson, Shiel, Vallandigham, Voorhees, Chilton A. White, Wickliffe—15.

June 6—The bill passed in the Senate—yeas 37, nay 1, (Mr. Powell.)

First Session Thirty-Eighth Congress.

Internal Revenue Act of 1864.

April 28—The House passed the act of 1864—yeas 110, nays 39. The NAYS were:

Messrs. James C. Allen, William J. Allen, Ancona, Brooks, Chanler, Cox, Dawson, Denison, Eden, Eldridge, Finck, Harrington, Benjamin G. Harris, Herrick, Philip Johnson, William Johnson, Knapp, Law, Le Blond, Long, Marcy, McDowell, McKinney, James R. Morris, Morrison, Noble, John O’Neil, Pendleton, Perry, Robinson, Ross, Stiles, Strouse, Stuart, Voorhees, Ward, Chilton A. White, Joseph W. White, Fernando Wood—39.

June 6—The Senate amended and passed the bill—yeas 22, nays 3, (Messrs. Davis, Hendricks, Powell.)

The bill, as finally agreed upon by a Committee of Conference, passed without a division.

Second Session, Thirty-Seventh Congress.

Tariff Act of 1862.

In House—1862, July 1—The House passed, without a division, a bill increasing temporarily the duties on imports, and for other purposes.

July 8—The Senate passed it without a division.

THE TARIFF ACT OF 1864.

June 4—The House passed the bill—yeas 81, nays 28. The NAYS were:

Messrs. James C. Allen, Bliss, James S. Brown, Cox, Edgerton, Eldridge, Finck, Grider, Harding, Harrington, Chas. M. Harris, Herrick, Holman, Hutchins, Le Blond, Long, Mallory, Marcy, McDowell, Morrison, Noble, Pendleton, Perry, Pruyn, Ross, Wadsworth, Chilton A. White, Joseph W. White—28.

June 17—The Senate passed the bill—yeas 22, nays 5, (Messrs. Buckalew, Hendricks, McDougall, Powell, Richardson.)

Second Session, Thirty-Seventh Congress.

Taxes in Insurrectionary Districts, 1862.

1862, May 12—The bill for the collection of taxes in the insurrectionary districts passed the Senate—yeas 32, nays 3, as follows:

YEAS—Messrs. Anthony, Browning, Chandler, Clark, Davis, Dixon, Doolittle, Fessenden, Foot, Foster, Harlan, Harris, Henderson, Howe, King, Lane of Indiana, Lane of Kansas, Latham, McDougall, Morrill, Nesmith, Pomeroy, Rice, Sherman, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Willey, Wilson, of Massachusetts, Wright—32.

NAYS—Messrs. Howard, Powell, Saulsbury—3.

May 28—The bill passed House—yeas 98, nays 17. The NAYS were:

Messrs. Biddle, Calvert, Cravens, Johnson, Kerrigan, Law, Mallory, Menzies, Noble, Norton, Pendleton, Perry, Francis Thomas, Vallandigham, Ward, Wickliffe, Wood—17.

The Democrats who voted Aye were:

Messrs. Ancona, Baily, Cobb, English, Haight, Holman, Lehman, Odell, Phelps, Richardson, James S. Rollins, Sheffield, Smith, John B. Steele, Wm. G. Steele.

TAXES IN INSURRECTIONARY DISTRICTS, 1864.

In Senate, June 27—The bill passed the Senate without a division.

July 2—It passed the House without a division.

Many financial measures and propositions were rejected, and we shall not attempt to give the record on these. All that were passed and went into operation can be more readily understood by a glance at our Tabulated History, in Book VII., which gives a full view of the financial history and sets out all the loans and revenues. We ought not to close this review, however, without giving here a tabulated statement, from “McPherson’s History of the Great Rebellion,” of

The Confederate Debt.

December 31, 1862, the receipts of the Treasury from the commencement of the “Permanent Government,” (February 18, 1862,) were as follows:

RECEIPTS.

Patent fund $13,920 00

Customs 668,566 00

Miscellaneous 2,291,812 00

Repayments of disbursing officers 3,839,263 00

Interest on loans 26,583 00

Call loan certificates 59,742,796 00

One hundred million loan 41,398,286 00

Treasury notes 215,554,885 00

Interest bearing notes 113,740,000 00

War tax 16,664,513 00

Loan 28th of February, 1861 1,375,476 00

Coin received from Bank of Louisiana 2,539,799 00

———————————————

Total $457,855,704 00

Total debt up to December 31, 1862 556,105,100 00

Estimated amount at that date necessary to support the Government to July, 1868, was 357,929,229 00

Up to December 31, 1862, the issues of the Treasury were:

Notes $440,678,510 00 Redeemed 30,193,479 50 ——————————————— Outstanding $410,485,030 50

From January 1, 1863, to September 30, 1863, the receipts of the Treasury were:

For 8 per cent. stock $107,292,900 70

For 7 per cent. stock 38,757,650 70

For 6 per cent. stock 6,810,050 00

For 5 per cent. stock 22,992,900 00

For 4 per cent. stock 482,200 00

Cotton certificates 2,000,000 00

Interest on loans 140,210 00

War tax 4,128,988 97

Treasury notes 391,623,530 00

Sequestration 1,862,550 27

Customs 934,798 68

Export duty on cotton 8,101 78

Patent fund 10,794 04

Miscellaneous, including repayments by disbursing officers 24,498,217 93

———————————————

Total $601,522,893 12

EXPENDITURES DURING THAT TIME.

War Department $377,988,244 00 Navy Department 38,437,661 00 Civil, miscellaneous, etc. 11,629,278 00 Customs 56,636 00 Public debt 32,212,290 00 Notes cancelled and redeemed 59,044,449 00 ——————————————— Total expenditures $519,368,559 00 Total receipts 601,522,893 00 ——————————————— Balance in treasury $82,154,334 00

But from this amount is to be deducted the amount of all Treasury notes that have been funded, but which have not yet received a true estimation, $65,000,000; total remaining, $17,154,334.

CONDITION OF THE TREASURY, JANUARY 1, 1864.

Jan. 25—The Secretary of the Treasury (C. G. Memminger) laid before the Senate a statement in reply to a resolution of the 20th, asking information relative to the funded debt, to call certificates, to non-interest and interest-bearing Treasury notes, and other financial matters. From this it appears that, January, 1864, the funded debt was as follows:

Act Feb. 28, 1861, 8 ⅌ cent., 15,000,000 00

Act May 16, 1861, 8 ⅌ cent., 8,774,900 00

Act Aug. 19, 1861, 8 ⅌ cent., 100,000,000 00

Act Apr. 12, 1862, 8 ⅌ cent., 3,612,300 00

Act Feb. 20, 1863, 8 ⅌ cent., 95,785,000 00

Act Feb. 20, 1863, 7 ⅌ cent., 63,615,750 00

Act Mar. 23, 1863, 6 ⅌ cent., 2,831,700 00

Act April 30, 1863 (cotton interest coupons) 8,252,000 00

—————————————— $297,871,650 00

Call certificates 89,206,770 00

Non-interest bearing Treasury notes outstanding:

Act May 16, 1861—Payable two years after date 8,320,875 00

Act Aug. 19, 1861—General currency 189,719,251 00

Act Oct. 13, 1861—All denominations 131,028,366 50

Act March 23—All denominations 391,829,702 50

—————————————— 720,898,095 00

Interest-bearing Treasury notes outstanding 102,465,450 00

Amount of Treasury notes under $5, outstanding Jan. 1, 1864, viz:

Act April 17, 1862, denominations of $1 and $2 4,860,277 50

Act Oct. 13, 1862, $1 and $2 2,344,800 00

Act March 23, 1863, 50 cents 3,419,000 00

Total under $5 —————————————— 10,424,077 50

—————————————————

Total debt, Jan. 1, 1864 $1,220,866,042 50

ITS CONDITION, MARCH 31, 1864.

The Register of the Treasury, Robert Tyler, gave a statement, which appeared in the Richmond Sentinel after the passage of the funding law, which gives the amount of outstanding non-interest-bearing Treasury notes, March 31, 1864, as $796,264,403, as follows:

Act May 16, 1861—Ten-year notes $7,201,375 00 Act Aug. 19, 1861—General currency 154,365,631 00 Act Apr. 19, 1862—ones and twos 4,516,509 00 Act Oct. 18, 1862—General currency 118,997,321 50 Act Mar. 23, 1863—General currency 511,182,566 50 ——————————————— Total $796,264,403 00

He also publishes this statement of the issue of non-interest-bearing Treasury notes since the organization of the “Confederate” government:

Fifty cents $911,258 50 Ones 4,882,000 00 Twos 6,086,320 00 Fives 79,090,315 00 Tens 157,982,750 00 Twenties 217,425,120 00 Fifties 188,088,200 00 ——————————————— Total $973,277,363 50

Confederate Taxes.

We also append as full and fair a statement of Confederate taxes as can be procured, beginning with a summary of the act authorizing the issue of Treasury notes and bonds, and providing a war tax for their redemption:

THE TAX ACT OF JULY, 1861.

The Richmond Enquirer gives the following summary of the act authorizing the issue of Treasury notes and bonds, and providing a war tax for their redemption:

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